California Supreme Court and Court of Appeal published (citable) opinions.
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ROSEN v. ST. JOSEPH HOSPITAL OF ORANGE COUNTY
Jun 12, 2011
Plaintiff Robin Rosen appeals from two judgments the trial court entered after (1) sustaining defendants Kurt Openshaw, M.D., and Vascular and Interventional Specialists of Orange County's (Vascular Specialists) demurrer and (2) granting defendant St. Joseph Hospital of Orang…
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MADDOX v. COSTA MESA
Jun 12, 2011
Government Code section 68097.2, subdivision (b) provides that when a peace officer is subpoenaed to testify, â€
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PEOPLE v. MENESES
Jun 12, 2011
A jury convicted defendant Jasinto Duran Meneses of committing a lewd act with a child under the age of 14 (Pen. Code, § 288, subd. (a); all further statutory references are to this code unless otherwise stated) and found true he had substantial sexual conduct with a child (§ 1…
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SHANAHAN v. STATE FARM GENERAL INSURANCE COMPANY
Jun 12, 2011
Cheryl Skigin sued her employer John M. Shanahan and companies owned by him for sexual harassment, gender discrimination, marital status discrimination, religious discrimination, retaliation, sexual battery, breach of oral contract, fraud and deceit, breach of written contract, a…
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BROWN v. DESERT CHRISTIAN CENTER
Jun 12, 2011
In this personal injury case, defendant Desert Christian Center was successful in proving its affirmative defense that the injuries alleged by plaintiff Frank D. Brown were within the exclusive jurisdiction of the workers' compensation system. A judgment of dismissal was ente…
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PEOPLE v. BAUER
Jun 12, 2011
After Mark Steven Bauer pled guilty to possession of a controlled substance, the court placed him on Proposition 36 probation, but twice he violated probation.[1] The sole issue on appeal is whether the court's termination of probation and imposition of a state prison sentenc…
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PEOPLE v. RIOS
Jun 12, 2011
Following denial of his suppression motion (Pen. Code,[1] § 1538.5), appellant, Florencio Rios, pleaded no contest to possessing a firearm after being previously convicted of a violent offense (§ 12021.1, subd. (a); count 1) and resisting or obstructing a peace officer (§ 148,…
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DIVISION OF LABOR STANDARDS ENFORCEMENT v. DAVIS MORENO CONSTRUCTION, INC.,
Jun 12, 2011
Appellants Ayodeji A. Ogundare, individually and doing business as Pacific Engineering Company (Pacific) and Davis Moreno Construction, Inc. (Davis) each moved to vacate a judgment entered against them pursuant to Labor Code section 1742.[1] Pacific contended that the judgment ag…
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PEOPLE v. VINSON Part-II
Jun 12, 2011
David Michael Vinson stands convicted, following a jury trial, of committing petty theft after having previously been convicted of a theft offense. (Pen. Code,[1] § 666.) Following a bifurcated court trial, he was found to have served two prior prison terms. (§ 667.5, subd. (b)…
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PEOPLE v. VINSON Part-I
Jun 12, 2011
David Michael Vinson stands convicted, following a jury trial, of committing petty theft after having previously been convicted of a theft offense. (Pen. Code,[1] § 666.) Following a bifurcated court trial, he was found to have served two prior prison terms. (§ 667.5, subd. (b)…
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LANDVALUE 77, LLC v. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY Part-II
Jun 12, 2011
This appeal concerns a mixed-use development project involving 45 acres of land located on the Fresno campus of the California State University. The development is known as the Campus Pointe project and is being completed by a private developer that subleased the land from an aux…
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LANDVALUE 77, LLC v. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY Part-I
Jun 12, 2011
This appeal concerns a mixed-use development project involving 45 acres of land located on the Fresno campus of the California State University. The development is known as the Campus Pointe project and is being completed by a private developer that subleased the land from an aux…
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MARTINEZ v. KIA MOTORS AMERICA, INC
Jun 12, 2011
Plaintiff and appellant Juanita Martinez purchased a new 2002 Kia Sedona. She experienced significant problems with the vehicle within the warranty period, and took it to two Kia dealerships for repair. The dealerships denied warranty coverage and told her she would have to pay f…
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PEOPLE v. MOORE Part-II
Jun 12, 2011
A jury found true a petition filed by the People to extend the commitment of defendant, Steven Moore, who had previously been adjudged not guilty by reason of insanity (Pen. Code, § 1026.5, subd. (b)(1)). Defendant contends that the trial court's comments about the reasonabl…
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PEOPLE v. MOORE Part-I
Jun 12, 2011
A jury found true a petition filed by the People to extend the commitment of defendant, Steven Moore, who had previously been adjudged not guilty by reason of insanity (Pen. Code, § 1026.5, subd. (b)(1)). Defendant contends that the trial court's comments about the reasonabl…
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BEHR v. REDMOND M
Jun 12, 2011
A modification decision.
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BEHR v. REDMOND Part-II
Jun 12, 2011
Plaintiff and respondent Patricia Behr sued defendant and appellant Thomas Redmond for damages arising from the alleged tortious transmission of genital herpes. By special verdict, the jury made findings favorable to Behr and found that she had suffered compensatory damages of $4…
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BEHR v. REDMOND Part-I
Jun 12, 2011
Plaintiff and respondent Patricia Behr sued defendant and appellant Thomas Redmond for damages arising from the alleged tortious transmission of genital herpes. By special verdict, the jury made findings favorable to Behr and found that she had suffered compensatory damages of $4…
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KRIKORIAN PREMIERE THEATRES, LLC v. WESTMINSTER CENTRAL, LLC Part-II
Jun 12, 2011
In a previous appeal by defendant Westminster Central, LLC (Westminster), we reversed a judgment for approximately $22 million in favor of plaintiff Krikorian Premiere Theaters, LLC (Krikorian). Although we affirmed the judgment with respect to Westminster's liability for bre…
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KRIKORIAN PREMIERE THEATRES, LLC v. WESTMINSTER CENTRAL, LLC Part-I
Jun 12, 2011
In a previous appeal by defendant Westminster Central, LLC (Westminster), we reversed a judgment for approximately $22 million in favor of plaintiff Krikorian Premiere Theaters, LLC (Krikorian). Although we affirmed the judgment with respect to Westminster's liability for bre…